Any declaration of war has unforeseen consequences. Our government's decision to react to the events of 9/11 by declaring "war" on terrorism has posed an enormous threat to our fundamental rights and even to the structures of our democracy, as we have been told that we should just trust the government to decide what is best for us. And many innocent people have been among the collateral damage.

When Liz Cheney released an ad charging that attorneys who had defended terrorism suspects were not fit to work in the Department of Justice, individual lawyers and the organized bar reacted with across-the-board outrage. Some, like former Attorney…

I recently had the fascinating experience of speaking at the U.S. Army War College about civil liberties and national security, as part of a weeklong seminar the college was conducting on national security issues. Many thought that it was surprising…